Ninth Circuit Finds PFR Filing Deadline is Non-Jurisidictional; Clarifies Deadline for Filing PFR of Reinstatement Order

The Ninth Circuit has determined that the 30-day deadline to file a petition for review of a removal order is not jurisdictional. The court has further determined that a petition for review filed within 30 days of the completion of reasonable fear proceedings (rather than the issuance of a reinstatement order) is timely.

The full text of Alonso-Juarez v. Garland can be found here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2023/09/08/15-72821.pdf

Tenth Circuit Affirms that PFR of Reinstatement Order is Timely if Filed After Completion of Withholding Only Proceedings

The Tenth Circuit has reaffirmed that a petition for review (PFR) challenging a reinstatement order is timely if it is filed within 30 days of the Board of Immigration Appeals’ decision at the end of the ensuing withholding/CAT only proceeding. The PFR need be filed within 30 days of ICE’s issuance of the reinstatement order.

The full text of Arostegui-Maldonado v. Garland can be found here:

https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010110897188.pdf